PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR MOBILE APPLICATION
Subject to these Terms of Use, We (referred to herein as "us," and "our") provides you with access to our web site, including without limitation any other microsites or mobile website we operate or use (each referred to herein as the "Web Site" and collectively referred to as the "Web Sites"), and our mobile application (referred to herein as the "App").
We reserve the right to take any such action as it deems necessary in the event that it suspects any fraudulent or unlawful activity, including without limitation, terminating access to the Web Site or the App, terminating any ouraccounts and/or cancelling any order for products.
Acceptance of Terms of Use
BY ACCESSING, USING, AND/OR PURCHASING PRODUCTS VIA THE WEB SITE OR THE APP, YOU ARE AGREEING TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT ACCESS, USE, OR PURCHASE PRODUCTS AT THIS WEB SITE OR ACCESS, USE, OR PURCHASE PRODUCTS FROM THE APP.
These Terms of Use are available at a link at the bottom of each page on the Web Site. We reserve the right to change these Terms of Use at any time and from time to time. Please check these Terms of Use before using the Web Site or App to determine whether a change has been made. Your continuing access to or use of the Web Site or App confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to the changes in the Terms of Use as they occur, you should exit and not use the Web Site or App.
Use of Web Site and App
You may browse and use the Web Site and App solely for your personal, non-commercial purposes and in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, repost, or use the Web Site or App or any content made available on the Web Site or App:
for public or commercial purposes without the express written permission of us;
in a manner inconsistent with these Terms of Use;
in violation of any applicable law, rule, regulation or order;
in a manner that could damage, disable, overburden, or impair the Web Site or App or interfere with any other party’s use or enjoyment of the Web Site or App.
You will not use the Web Site or App for junk mail, ‘spamming’ solicitations (commercial or non-commercial), chain letters, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Web Site or App any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs, or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Web Site or App in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Web Site or App. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Web Site or App. If you download software or any other content from the Web Site or App, you do so at your own risk.
Copyright and Trademarks
The Web Site, App, and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Web Site or the App (the "Content") are the property of, or used with permission by us and are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark, or other proprietary notices from the Web Site, App, or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.
Certain trademarks, trade names, service marks and logos, icons, and domain names used or displayed on the Web Site or App are registered and unregistered trademarks, trade names and service marks owned by us and/or our affiliates. Other trademarks, trade names, and service marks used or displayed on the Web Site or App are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing contained on the Web Site or App grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Site or App without our written permission or the written permission of such third-party owner.
User Communications
You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with us on the Web Site or App or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively "User Communications"). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other applicable laws. We do not endorse or sponsor any such User Communications submitted by you or other users of the Web Site or App. We reserve the right to terminate and/or deny you access to the Web Site or App if we determine, in our sole discretion, that you are violating these Terms of Use, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.
Subject to the terms and conditions set forth in our Privacy Policy (linked at the bottom of each page in the Web Site), all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit, or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution. You hereby grant tous and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Web Site or App and have all relevant licenses and consents from any relevant third parties. Further, we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Web Site or App for any purpose whatsoever including without limitation developing, manufacturing, and marketing products.
You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. We will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify us of any objectionable User Communications. We retain the right to remove any or all User Communications in our sole discretion.
Personal Information/Privacy Policy
We value your privacy and are committed to safeguarding your personal information. Please refer to our Privacy Policy for details about what information we collect on this Web Site or through our App and how we use and share such information.
Our commitment to our customers is to offer convenience, service and product availability online at competitive prices. We also offer merchandise at promotional prices.
We may offer merchandise on-line at the same price at which it is offered in our stores, and our promotions may follow those that you'll find in the our stores. However, in some cases, the prices will be different because the website and stores may choose to offer items at different prices or may run different promotional events at different times.
We display the original MSRP and when applicable the current, reduced purchase price on the our website, this means that the merchandise was previously offered at the higher price listed. The strikethrough price is used to identify merchandise marked down from the original MSRP.
Strikethrough prices referenced on this website reflect original offering prices from the our website or our stores and are not necessarily the former price for the merchandise.
While we try to ensure accuracy, we reserve the right at any time to correct any errors in pricing or descriptions and to cancel or refuse to accept any order based on an incorrect price or description.
We hope this clarifies our policy. If you have any further questions, please send us an email. Our goal is to provide you with full service and complete satisfaction, and we look forward to serving you.
Linking
The Web Site or App may contain links to other web sites that are not owned, operated or controlled by us or its affiliates (each a "Third-Party Site"). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Site or App. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Web Site or App, you do so entirely at your own risk.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE, APP, AND CONTENT IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, THE WEB SITE, APP, CONTENT, AND ANY PRODUCTS PURCHASED FROM THE WEB SITE OR APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEB SITE, APP, CONTENT, AND ANY PRODUCTS PURCHASED FROM THE WEB SITE OR APP, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE WEB SITE, APP, CONTENT, OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE, APP, CONTENT, OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR FREE.
WE DO NOT GUARANTEE OR WARRANT THAT THE WEB SITE, APP, OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE OR APP IS AT YOUR OWN DISCRETION AND RISK.
Limitations of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEB SITE, APP, OR CONTENT, OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE OR APP OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEB SITE OR OUR APP. EXCEPT AS EXPRESSLY STATED ON THE WEB SITE OR THE APP, WE MAKE NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEB SITE OR APP.
Indemnification
Unless prohibited by applicable law, you agree to indemnify and hold harmless each of us, its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to your use of this Web Site, the App, OR ANY CONTENT, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.
